AS | Ankit Sarawagi|Founder, CFOmatrix·June 2026·16 min read | Updated Jun 2026 |
- A trademark protects your brand name, logo or slogan; registration gives you exclusive nationwide rights and the ability to sue for infringement under the Trade Marks Act, 1999.
- The government e-filing fee is ₹4,500 per class for an individual, a DPIIT startup or an MSME, and ₹9,000 per class for other entities. That is roughly a 50% concession.
- You can use the TM symbol from the date of filing; the (R) symbol only after registration. Using (R) before registration is an offence.
- An objection comes from the Registry’s Examiner; an opposition comes from a third party after publication in the Trade Marks Journal.
- Registration takes about 6 to 18 months if unopposed, lasts 10 years, and is renewable every 10 years via Form TM-R.
| ₹4,500 Government e-filing fee per class for an individual, startup or MSME | 6-18 mo Typical time to registration if there is no objection or opposition | 10 years Validity of a registration, renewable every 10 years via TM-R |
To keep this concrete we will follow one company: Brewly, an early-stage D2C coffee brand. Brewly wants to protect both its name (“Brewly”) and its cup-and-leaf logo. We will use Brewly to show how each decision (mark type, class, fee, symbol) plays out in practice.
What Is a Trademark, and Why Register One?
A trademark is a sign that identifies your goods or services and distinguishes them from everyone else’s: typically a brand name, a logo, a tagline, or a combination of these. Trademark registration in India is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM), with online filing at ipindiaonline.gov.in.
You can build limited “common-law” rights in an unregistered mark just by using it, but registration is far stronger. Here is what registration actually buys you.
- Exclusive nationwide rights to use the mark for the goods or services in your registered class.
- The right to sue for infringement (registration), which is simpler and stronger than a passing-off action (which is all you get for an unregistered mark).
- The (R) symbol, which signals to copycats that the mark is protected.
- A business asset you can licence, franchise, sell or pledge, and that investors will check in due diligence.
- A presumption of ownership that makes enforcement and takedowns far easier.
A trademark is not the same as a company name or a domain. Registering “Brewly Pvt Ltd” with the MCA, or buying brewly.in, does not give you trademark rights. Only a trademark registration protects the brand itself against use by others in your category.
Word Mark vs Device Mark: Which Do You File?
The first decision is what kind of mark to file. A word mark protects the text or word itself in any font, style or colour. A device mark protects a specific logo, stylised text, graphic or design exactly as shown. Choosing well decides how broad your protection is.
| Type of mark | What it protects | Best for |
|---|---|---|
| Word mark | The text or word in any font, style or colour | Protecting the brand name itself, broadly |
| Device mark | A specific logo, graphic or stylised design as shown | Protecting a distinctive logo or symbol |
| Combined / composite | Name and logo together as one mark | When the name and logo always appear as a set |
There are also less common categories: shape marks, colour marks and sound marks. For most startups, though, the right move is to register a word mark for the name and a device mark for the logo, because each is a separate mark and a separate fee, but together they cover the most ground.
🔗 Read the full guide: Word Mark vs Device Mark: which to register.
Word mark = the name in any look. Device mark = one exact look. If you only file the logo, a competitor can use your name in a different font. Brewly files both: the word “Brewly” and its cup-and-leaf device.
Trademark Search and the NICE Classification (45 Classes)
Before you file, two things decide whether your application will sail through or get stuck: a proper trademark search and picking the right class. Get either wrong and you risk an objection, an opposition, or paying for protection you do not actually have.
Run a trademark search first
A trademark search checks whether an identical or confusingly similar mark already exists in your class. Search the public trademark register on the IP India portal, and also check the market, marketplaces and domains. If a similar mark already exists for similar goods, you may need to change the name or narrow the goods before filing.
🔗 Read the full guide: How to do a trademark search in India.
Pick the right class under the NICE classification
India follows the NICE classification, which sorts all goods and services into 45 classes: classes 1 to 34 cover goods and classes 35 to 45 cover services. You register your mark in the class or classes that match what you actually sell. The government fee is charged per class, per mark, and multi-class applications are allowed.
🔗 Read the full guide: Trademark classification in India (NICE classes).
Brewly sells coffee, so its core class is Class 30 (coffee, tea and the like). If it also runs an online store and cafe, it may add Class 35 (retail services) and Class 43 (cafe services). Each extra class is another ₹4,500. File only the classes you genuinely use or will use soon, but do not under-file your core class.
The Step-by-Step Trademark Registration Process
Here is the full process to register a trademark in India, from search to certificate. You can do this yourself online, or have an agent or attorney file on your behalf using Form TM-48 (power of attorney).
🔗 Read the full guide: How to register a trademark in India, step by step.
| Trademark search and class selection |
Confirm the mark is available in your class, and decide whether you are filing a word mark, a device mark, or both, and in how many classes.
| File application TM-A online |
File Form TM-A on ipindiaonline.gov.in with applicant KYC details, the mark or logo image, the list of goods or services, the date of first use (with a user affidavit if you claim prior use), and your Udyam or DPIIT certificate to claim the lower fee. You can use the TM symbol from this filing date.
| Examination by the Registry |
The Examiner reviews the application and may issue an Examination Report, also called an objection, usually on absolute grounds (Section 9, for example the mark is descriptive) or relative grounds (Section 11, for example it conflicts with an earlier mark).
| Reply to the Examination Report and hearing |
File a reply to the Examination Report within 30 days, with arguments and evidence. If the Registry is not satisfied, you attend a show-cause hearing to defend the mark.
| Publication, opposition window, and registration |
Once accepted, the mark is published in the Trade Marks Journal, opening a four-month window for any third party to file an opposition (Form TM-O). If no one opposes, or you win the opposition, the mark is registered and a certificate issues, valid for 10 years.
The 30-day deadline to reply to an Examination Report is strict. Miss it and the application can be treated as abandoned, and your fee is wasted. Diarise every deadline the moment you file, and check the application status on the IP India portal regularly.
Cost and Timeline: The Startup and MSME Concession
The government filing fee depends on who is applying. Individuals, DPIIT-recognised startups and Udyam or MSME-registered small enterprises get roughly a 50% concession on the standard fee. The fee is charged per class, per mark.
| Applicant type | E-filing (per class) | Physical filing (per class) |
|---|---|---|
| Individual, Startup (DPIIT), Small Enterprise (Udyam/MSME) | ₹4,500 | ₹5,000 |
| Others (companies, LLPs, larger entities) | ₹9,000 | ₹10,000 |
These are government fees only. If you use an agent or attorney, their professional fee is on top. Always verify current fees on ipindia.gov.in before you file, as they can change.
🔗 Read the full guide: Trademark registration cost in India.
Brewly as a DPIIT startup, filing the word mark and the device mark in Class 30: 2 marks x 1 class x ₹4,500 = ₹9,000 in government fees.
If a non-startup company filed the same two marks across three classes (30, 35 and 43): 2 marks x 3 classes x ₹9,000 = ₹54,000. The concession and class discipline together make a large difference.
How long does it take?
If there is no objection and no opposition, registration typically takes about 6 to 18 months. With objections or an opposition, it can take 2 years or more. Crucially, you do not have to wait: you can use the TM symbol from the date of filing to start signalling your claim straight away.
“The cheapest time to protect a brand is before it is worth stealing. File the trademark when the name is still small, not after a competitor has noticed it.”
Ankit Sarawagi, CFOmatrixTM vs (R): When to Use Each Symbol
The TM and (R) symbols are not interchangeable, and using the wrong one can land you in trouble. The rule is simple: TM signals a claim, (R) signals a registration.
- TM can be used immediately, even before or without registration, to claim common-law rights over an unregistered mark. Use it from your filing date, or even before you file.
- (R) (the registered symbol) can only be used after the mark is actually registered and the certificate has issued. Using (R) before registration is an offence in India.
- SM (service mark) is rarely used here, because TM covers both goods and services in India.
🔗 Read the full guide: TM vs (R) vs SM symbols: when to use each.
Do not put (R) on your packaging the day you file. Brewly should use “Brewly TM” while the application is pending, and switch to “Brewly (R)” only once the registration certificate is in hand. Putting (R) on an unregistered mark is a punishable offence under the Act.
Objection, Opposition, Refusal, Appeal and Renewal
Two words trip people up: objection and opposition. They sound similar but come from different people at different stages. Getting them right tells you who you are arguing with and what to do next.
Objection vs opposition
| Objection | Opposition | |
|---|---|---|
| Raised by | The Registry’s Examiner | A third party |
| When | In the Examination Report, after filing | After publication in the Journal |
| Grounds | Section 9 (absolute) or Section 11 (relative) | Earlier or conflicting rights of the opponent |
| You respond by | Replying within 30 days; hearing if needed | Filing a counter-statement; evidence; hearing |
🔗 Read the full guides: replying to a trademark objection / examination report and trademark opposition, rejection and appeal.
Refusal and appeal
If the Registrar refuses your mark after the hearing, you can appeal. Note an important change: the Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms Act, 2021. Appeals against the Registrar’s decisions now go to the relevant High Court (its IP Division, where one exists), not to the IPAB.
Renewal: a trademark is not forever by default
A registration lasts 10 years and is renewable indefinitely in 10-year blocks using Form TM-R. Renew within the 1 year before expiry. If you miss the deadline, restoration is still possible within 1 year after expiry, on payment of a surcharge. Let it lapse beyond that and you can lose the registration.
🔗 Read the full guide: Trademark renewal in India.
Treat your trademarks as renewable assets on the balance sheet, not a one-off legal task. Keep a simple IP register with each mark, class, registration number and renewal date, and set a reminder a year before each expiry. Investors check this in due diligence.
Frequently Asked Questions
How do I register a trademark in India?
Register a trademark in India by running a trademark search, choosing the right class under the NICE classification, and filing Form TM-A online at ipindiaonline.gov.in. The Registry examines the application and may issue an Examination Report; you reply within 30 days, attend a hearing if needed, the mark is published in the Trade Marks Journal for a four-month opposition window, and if unopposed it is registered with a certificate valid for 10 years.
How much does trademark registration cost in India?
The government e-filing fee is ₹4,500 per class, per mark for an Individual, a DPIIT-recognised Startup, or a Small Enterprise registered under Udyam or MSME, and ₹9,000 per class for other entities such as companies and LLPs. Physical filing costs more (₹5,000 and ₹10,000). Professional or attorney fees are extra. Always verify current fees on ipindia.gov.in.
What is the difference between the TM and the (R) symbol?
You can use the TM symbol immediately, even before or without registration, to claim common-law rights over an unregistered mark. The (R) symbol can only be used after the mark is registered. Using the (R) symbol before registration is an offence in India. The service mark (SM) symbol is rarely used here because TM covers both goods and services.
What is the difference between a word mark and a device mark?
A word mark protects the text or word itself in any font, style or colour, giving broad protection over the name. A device mark protects a specific logo, stylised text, graphic or design exactly as shown. Many startups register both: a word mark for the name and a device mark for the logo.
How long does trademark registration take in India?
If there is no objection and no opposition, trademark registration in India typically takes about 6 to 18 months. With objections or an opposition it can take 2 years or more. You can start using the TM symbol from the date of filing.
What is the difference between a trademark objection and an opposition?
An objection is raised by the Registry’s Examiner in the Examination Report, usually on absolute grounds under Section 9 or relative grounds under Section 11, and you reply within 30 days. An opposition is filed by a third party after the mark is published in the Trade Marks Journal, within a four-month window, using Form TM-O.
Can I register a trademark in India myself without a lawyer?
Yes. A proprietor can file directly on ipindiaonline.gov.in using a Class 3 Digital Signature Certificate. You typically need applicant KYC details, the logo image for a device mark, the list of goods or services with the class, the date of first use (with a user affidavit if prior use is claimed), and the Udyam or DPIIT certificate to claim the lower fee. Form TM-48 is needed only if an agent or attorney files on your behalf.
How long does a trademark last and how is it renewed?
A registered trademark in India is valid for 10 years and can be renewed every 10 years using Form TM-R. Renew within 1 year before expiry. If you miss it, restoration is possible within 1 year after expiry on payment of a surcharge.
This article is general information for India as of 2026 and is not legal advice. Trademark fees, forms and rules change; verify the current fees and procedure on the official portal at ipindia.gov.in before you file, and consult a qualified trademark agent or attorney about your specific situation.
- 1. Trademark Search in India: How to Check Availability
- 2. Word Mark vs Device Mark: Which to Register
- 3. Trademark Classification in India (NICE Classes)
- 4. TM vs (R) vs SM Symbols: When to Use Each
- 5. Trademark Registration Cost in India
- 6. How to Register a Trademark in India
- 7. Trademark Registration Timeline in India
- 8. Trademark Objection & Examination Report Reply
- 9. Trademark Opposition, Rejection & Appeal
- 10. Trademark Renewal in India
AS | Founder, CFOmatrix | Finance Strategy & Equity Compliance CFOmatrix is a knowledge platform focused on how finance actually works inside growing companies. Every insight is shaped by real operating experience across startups and growth-stage companies, including cross-border setups. |